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AMERICAN FAMILY MUT. v. FISHER DEVELOPMENT

No. 1-08-1214.

909 N.E.2d 274 (2009)

AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Plaintiff-Appellee, v. FISHER DEVELOPMENT, INC., Defendant-Appellant (The Gap, Inc., d/b/a Old Navy, Defendant).

Appellate Court of Illinois, First District, First Division.

Rehearing Denied June 17, 2009.

Attorney(s) appearing for the Case

Kevin J. Kuhn, Michael J. Flynn, Vedder Price, P.C., Chicago, IL, for Defendant-Appellant.

Patti M. Deuel, Kiesler & Berman, Chicago, IL, For Plaintiff-Appellee.

Justice GARCIA delivered the opinion of the court.

This appeal arises from an insurance coverage dispute between the general contractor, Fisher Development, Inc. (FDI), as an additional insured, and American Family Mutual Insurance Company, the issuer of a commercial general liability policy to a subcontractor. Following cross-motions for summary judgment in a declaratory action, the circuit court granted summary judgment to American Family, finding it had no duty...

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